99-15940. Peanut Crop Insurance Regulations; and Common Crop Insurance Regulations, Peanut Crop Insurance Provisions; Correction

[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Rules and Regulations]
[Page 33378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15940]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

RIN 0563-AA85


Peanut Crop Insurance Regulations; and Common Crop Insurance 
Regulations, Peanut Crop Insurance Provisions; Correction

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule; Correcting amendment.

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SUMMARY: This document is a correction to the final rule which was 
published Tuesday, June 9, 1998 (63 FR 31331-31337). The regulation 
pertains to the insurance of peanuts.

EFFECTIVE DATE: June 23, 1999.

FOR FURTHER INFORMATION CONTACT: Gary Johnson, Insurance Management 
Specialist, Research and Development, Product Development Division, 
Federal Crop Insurance Corporation, United States Department of 
Agriculture, 9435 Holmes Road, Kansas City, MO 64131, telephone (816) 
926-7730.

SUPPLEMENTARY INFORMATION:

Background

    The regulation subject to this correction provided policy changes 
to better meet the needs of the insured and include the current Peanut 
Crop Insurance Regulations with the Common Crop Insurance Policy for 
ease of use and consistency of policy terms and conditions.

Need For Correction

    As published, the final regulation contained an error which may 
prove to be misleading and is in need of clarification. Section 9(a)(3) 
of the Basic Provisions (Sec. 457.8) states that acreage which is not 
replanted in accordance with that subsection is not insurable. Section 
9(a) of the crop provisions contained in Sec. 457.134 provides that 
acreage of the insured crop damaged before the final planting date must 
be replanted unless FCIC agrees replanting is not practical. Section 
14(d) states that total production to count from all insurable acreage 
on the unit will include all appraised and harvested production. 
Subsection (e)(1)(v) of that section, in turn, provides that appraised 
production will include acreage which is not replanted in accordance 
with the policy. The latter provision may cause confusion because it 
implies that such acreage is insurable in direct conflict with section 
9(a). Furthermore, it is unnecessary because production to count is 
only calculated based on insurable acreage under section 14(d). This 
correction is consistent with other crop provisions providing for 
replanting payments.

List of Subjects in 7 CFR Part 457

    Crop insurance, Peanut.
    Accordingly, 7 CFR part 457 is corrected by making the following 
correcting amendment:

PART 457--COMMON CROP INSURANCE REGULATIONS

    1. The authority citation for part 457 continues to read as 
follows:

    Authority: 7 U.S.C. 1506(1), 1506(p).

Sec. 457.134  [Corrected]

    2. Amend the crop provisions in Sec. 457.134 to remove section 
14(e)(1)(v) and revise section 14(e)(1)(iv) to read as follows:

    14. Settlement of Claim.
* * * * *
    (e) * * *
    (1) * * *
    (iv) For which you fail to provide production records that are 
acceptable to us.
* * * * *
    Signed in Washington, DC, on June 16, 1999.
Kenneth D. Ackerman,
Manager, Federal Crop Insurance Corporation.
[FR Doc. 99-15940 Filed 6-22-99; 8:45 am]
BILLING CODE 3410-08-P